Kerala court denies bail to expelled Congress MLA Mamkootathil in sexual assault case

Pathanamthitta (Kerala): A Kerala court on Saturday dismissed the bail plea of expelled Congress MLA Rahul Mamkootathil in the third sexual assault case against him in which he was arrested last week, saying that the allegations against him were serious and he has "similar antecedents".

Thiruvalla Judicial First Class Magistrate Arundhathi Dileep also said that there was a chance of witnesses being threatened or influenced, evidence being tampered with and the investigation being hampered.

"Therefore, this is not a fit case to exercise the discretionary jurisdiction of this court under section 480 (when bail may be taken in case of non-bailable offence) of the Bharatiya Nagarik Suraksha Sanhita. In the result, the petition is dismissed," the court said.

The MLA's lawyer, Sasthamangalam S Ajithkumar, said that an appeal would be filed in the Pathanamthitta District Court next week against the magistrate's order. The prosecution, represented by Assistant Public Prosecutor Devi M G, had opposed the bail plea on the ground that Mamkootathil was not cooperating with the investigation in the case.

The prosecutor had also contended that since he was a sitting MLA, there was every chance of witnesses being threatened or influenced and evidence being tampered with.

The prosecutor had also told the court that there was an ongoing cyber attack against the victim in the instant case and if Mamkootathil was released on bail, her life would be in danger. Even the report of the investigating officer claimed that the MLA was not cooperating with the probe.

Mamkootathil, in his plea, had contended that the room where the alleged sexual assault took place was booked by the victim herself, their relationship was consensual, her statement was not signed within the stipulated period and the grounds of arrest were not communicated to him when he was taken into custody. Therefore, the FIR against him and his arrest were illegal.

The court rejected the contentions, saying there was "no force in the aforesaid arguments of the petitioner (Mamkootathil)". It also said that the statement of the victim does not in any manner prima facie indicate a consensual relationship as alleged by the MLA.

"From the materials on record, I am satisfied that prima facie ingredients of the offence of rape are made out," the magistrate added. The third sexual assault case was recently booked against the Palakkad MLA under sections 376 (rape) and 506(1) (criminal intimidation) of the Indian Penal Code (IPC) following a complaint lodged by a native of Kottayam district on January 8.

He was arrested in the case on January 11 in Palakkad. The Kerala High Court and a sessions court in Thiruvananthapuram had earlier protected the MLA from arrest in the first two cases of sexual assault booked based on complaints of two different women.